DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “power conversion mechanism” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The power conversion mechanism is disclosed as including a first clutch that engages and disengages the speed reduction mechanism; or a first clutch and a first brake with the disclosed functions.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “the speed reduction mechanism is configured to drive a first load to move” and “a first power disconnection state in which the first load is disconnected from the speed reduction mechanism.” If the first load is the torque output from the speed reduction mechanism, which is the interpretation of the speed reduction mechanism that drives the first load, the how does the clutch cause the output from the speed reduction mechanism to not be output from the speed reduction mechanism? In other words, the manner in which this is recited makes it unclear to which force or movement the first load refers. In addition, the specification does not include a reference number for this load and therefore it is unclear to which element this is intended to refer.
Claim 2 recites “wherein the power conversion mechanism comprises: a first clutch configured to be disengaged from or engaged with the speed reduction mechanism.” There are multiple embodiments some which only include one clutch and some which include more than one clutch. It is unclear if the clutch that is disengaged refers to the one half of the clutch which becomes disengaged from the speed reduction mechanism in all embodiments or if this is intended to mean the entirety of the clutch is disengaged, as in the embodiments with more than one clutch. That is, there is no more than one meaning of clutch that is consistent with the specification but it is not clear which meaning was intended by this term and the different meanings change the embodiment to which the claim is directed as well as the scope of the claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ozawa (US 5,890,468).
Claim 1
Ozawa discloses a powertrain system, comprising (see FIG. 19):
an engine (1);
a speed reduction mechanism (6, 7 and/or 11-14), wherein the engine (1) is drivingly connected to at least a portion of the speed reduction mechanism (6 or 13), and the speed reduction mechanism is configured to drive a first load to move (171); and
a power conversion mechanism (170 or combination of 170 and 172), arranged between the speed reduction mechanism (6, 7 and/or 11-14) and the first load (171), wherein the power conversion mechanism (170 or combination of 170 and 172) is configured to operate in one of:
a first power connection state (when 170 is engaged) in which the first load is connected to the speed reduction mechanism; or a first power disconnection state (when 170 is disengaged) in which the first load is disconnected from the speed reduction mechanism.
Claim 2
Ozawa discloses wherein the power conversion mechanism (170 or combination of 170 and 172) comprises: a first clutch (170 or portion 170 of the combination of 170 and 172) configured to be disengaged from or engaged with the speed reduction mechanism.
Claim 3
Ozawa discloses wherein the power conversion mechanism (combination of 170 and 172) comprises:
a first clutch (170 or portion 170 of the combination of 170 and 172); and
a first brake (172),
wherein:
when the first clutch (170) is disengaged from the speed reduction mechanism, the first brake (172) is configured to brake a power output section (14) of the power conversion mechanism or a power input section (175) of the first load; or when the first clutch (170) is engaged with the speed reduction mechanism, the first brake (172) releases the braking on the power output section of the power conversion mechanism or the power input section of the first load (see e.g., states B-1 and C-1 modes).
Claim 17
Ozawa discloses wherein the engine comprises a reciprocal engine (internal combustion engine is a reciprocal engine).
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kozarekar et al. (US 8,894,526; hereinafter “Kozarekar”).
Claim 1
Kozarekar discloses a powertrain system, comprising (see only figure):
an engine (18 or 34);
a speed reduction mechanism (24), wherein the engine (18 or 34) is drivingly connected to at least a portion of the speed reduction mechanism (each of 18 and 34 are respectively connected to elements 70 and 36 of the planetary gearset), and the speed reduction mechanism (24) is configured to drive a first load (48) to move; and
a power conversion mechanism (82 or the combination of 82 and 84), arranged between the speed reduction mechanism (24) and the first load (48), wherein the power conversion mechanism (82 or the combination of 82 and 84) is configured to operate in one of:
a first power connection state (when 82 is engaged) in which the first load is connected to the speed reduction mechanism; or a first power disconnection state (when 82 is disengaged) in which the first load is disconnected from the speed reduction mechanism.
Claim 2
Kozarekar discloses wherein the power conversion mechanism (82 or the combination of 82 and 84) comprises: a first clutch (82) configured to be disengaged from or engaged with the speed reduction mechanism.
Claim 3
Kozarekar discloses wherein the power conversion mechanism comprises:
a first clutch (82); and
a first brake (84),
wherein:
[when the first clutch (82) is disengaged from the speed reduction mechanism, the first brake (84) is configured to brake a power output section (64) of the power conversion mechanism or a power input section (56 or 50) of the first load (48); or when the first clutch (82) is engaged with the speed reduction mechanism (24), the first brake (84) releases the braking on the power output section (64) of the power conversion mechanism or the power input section (56 or 50) of the first load (48).
Claim 4
Kozarekar discloses wherein the speed reduction mechanism (24) comprises: a first speed reduction structure (38, 72, 64, 70); and a second load (34), wherein: the engine (18) is drivingly connected to the first speed reduction structure; the first speed reduction structure has a first power output end (64) and a second power output end (38); the first power output end (64) is drivingly connected to the first load (48); the second power output end (38) is drivingly connected to the second load (34); and the first speed reduction structure (38, 72, 64, 70) is selectively and drivingly connected to the first load (48) and/or the second load (34).
Claim 5
Kozarekar discloses wherein the second load (34) comprises an electric generator or an electromotor (see only figure 34 is a motor generator).
Allowable Subject Matter
Claims 6-16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
With reference to claim 6, the prior art does not disclose or render obvious a powertrain system comprising the combination of the speed reduction mechanism with two outputs, the clutch that achieves the two states recited in claim 1, two loads each respectively connected to one of the two outputs, and “a speed governing mechanism comprising a second speed reduction structure and a speed governing motor, wherein: the second speed reduction structure has a first power input end and a second power input end; the first power input end is selectively connected to or disconnected from the first power output end; a power output section of the second speed reduction structure is drivingly connected to the first load; the second power input end is selectively connected to or disconnected from a power output section of the speed governing motor; and the second load is configured to be selectively connected to the speed governing motor to supply power to the speed governing motor.” Governors are typically performed by control of drive sources or control of clutches. There are governors that include planetary gearsets however the combination of the governor having the planetary gearset with two inputs and a distinct gear reducer with two outputs and the two loads and multiple interconnections as recited is not an obvious combination.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20070151258 discloses an engine (engine 100 which powers motor 142), speed reduction mechanism (213) drives a load (140), a power conversion mechanism (clutch 214), which can be in a connection state or disconnection state. US 10,495,003 discloses a motor (110) that includes a speed reduction mechanism (152), a power conversion mechanism (124) to a load (130). US 3,951,008 discloses a drive source (3) connected to a speed reduction mechanism, followed by a power conversion mechanism (JC) to connect or disconnect from a load (GT)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STACEY A FLUHART whose telephone number is (571)270-1851. The examiner can normally be reached M-Th 9AM-7PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STACEY A FLUHART/Primary Examiner, Art Unit 3655